What is private property? Private property is generally owned by either an individual person or corporation, examples of private property is a residential home or business premises.

What is public property? Public property is generally owned by the government. Some examples of public property are parks and beaches.

A person who owns private property has a responsibility and a duty of care to those who enter onto the premises. The responsibility and duty of care is to maintain a safe environment so that people who come onto the property do not suffer an injury because of some type of unsafe or hazardous condition on the premises.

What if the property is tenanted? The owner of the property has responsibility for general maintenance of the property. The landlord and/or their real estate agent must ensure the property rented is suitable to live in, secure, safe and complies with local government building codes.

What to do if you injured on private property?

  • See a doctor and explain to them how you were injured.
  • Take detailed notes of the incident, to ensure you can recall the incident at a later date.
  • Take photographs of the location where the incident occurred.
  • Keep a record of names for any witnesses.
  • Keep receipts for all medical related expenses, as well as details of dates and types of treatments you have.
  • If are a tenant advise the landlord and/or real estate of the incident.
  • Seek legal advice.

Time limits apply from the date of the injury to undertake any legal action.

If you have been injured on someone’s private property and need legal advice contact our friendly team at Adams & Partners Lawyers on 02 4721 6200.

Written by Megan Johnson.

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